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OLD FARM RD., INC. v. TOWN OF NEW CASTLE

28 A.D.2d 570 (1967)

Old Farm Road, Inc., Appellant, v. Town of New Castle et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 29, 1967

In our opinion, the causes of action alleged in the amended complaint (the order under review inter alia granted plaintiff's cross motion to interpose the amended complaint) are asserted prematurely where, as here, no application has been made for a building permit. Accordingly, it was correct to dismiss the complaint and the amended complaint, upon defendants' motion (CPLR 3211, subd...

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